NBC Seeks Court’s Approval to File Fresh Appeal Over Judgment Barring Broadcast Fines
Oru Leonard
The National Broadcasting Commission (NBC) has approached the Court of Appeal in Abuja, seeking permission to file a fresh appeal against a Federal High Court judgment that barred it from imposing fines on broadcast stations, arguing that the ruling threatens effective regulation of Nigeria’s broadcasting industry.
In a motion filed by its counsel, Mr. Dapo Akinosun (SAN), the Commission asked the appellate court to extend the time within which it can challenge the January 10, 2024 judgment delivered by Justice Rita Ofili-Ajumogobia of the Federal High Court.
The application follows the Court of Appeal’s decision on June 17, 2026, striking out the NBC’s earlier appeal after describing it as “fundamentally defective” because the Commission was mistakenly identified in the appeal documents as the “Nigerian Broadcasting Commission” instead of its statutory name, the “National Broadcasting Commission.”
The Federal High Court had ruled that the NBC acted unlawfully and unconstitutionally by imposing ₦5 million fines on Multichoice Nigeria Limited (owners of DStv), TelCom Satellite Limited (TSTV), Trust-TV Network Limited and NTA Startimes Limited over the broadcast of documentaries on insecurity and banditry in Zamfara State. Justice Ofili-
Ajumogobia held that the Commission lacked the legal authority to impose such sanctions because it is not a court of law.
In its fresh application, the NBC argued that the judgment raises issues of exceptional public importance concerning its statutory powers to regulate broadcasting and enforce compliance with the Nigeria Broadcasting Code.
According to the Commission, allowing the judgment to stand without appellate review could create uncertainty over its regulatory authority, weaken the broadcasting regulatory framework, and undermine uniform enforcement of broadcasting standards across the country.
The NBC further contended that a weakened regulatory system could embolden non-compliance with broadcasting standards, encourage the dissemination of false, misleading and unverified information capable of causing public anxiety and unrest, and foster irresponsible broadcasting practices.
It also argued that the absence of effective regulatory oversight could encourage the misuse of broadcast and digital media platforms by individuals seeking to spread sensational or inflammatory content capable of intimidating or unduly influencing public discourse.
The Commission maintained that the issues raised in the proposed appeal extend beyond the parties involved and have far-reaching implications for broadcasters, content creators, media consumers and the Nigerian public.
NBC told the court that it acted diligently by filing its initial appeal on March 18, 2024, within the period prescribed by law, stressing that the appeal was struck out solely because of an inadvertent error by its counsel in describing the Commission’s statutory name.
In addition to seeking an extension of time to appeal, the Commission is asking the Court of Appeal for leave to raise a fresh issue challenging the legal capacity of Media Rights Agenda (MRA) to institute and maintain the original suit before the Federal High Court.
No date has yet been fixed for the hearing of the motion.
